Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices 92963

TABLE 10—TOTAL DOLLAR ESTIMATES year associated with OMB No. 2127– Notice of receipt of the petition was FOR MANUFACTURERS TO COMPLY 0616. published, with a 30-day public comment period, on September 29, WITH EWR REPORTING, FOREIGN Michael L. Brown, REPORTING, AND PART 579.5 RE- 2016, in the Federal Register (81 FR Acting Director, Office of Defects, 67057). No comments were received. To PORTING Investigation. view the petition and all supporting [FR Doc. 2016–30637 Filed 12–19–16; 8:45 am] documents log onto the Federal Docket Annual cost BILLING CODE 4910–59–P Reporting type ($) Management System (FDMS) Web site at: https://www.regulations.gov/. Then follow the online search instructions to EWR Reporting (Table 8) ..... $6,581,741 DEPARTMENT OF TRANSPORTATION Foreign Reporting (Table 9) 141,572 locate docket number ‘‘NHTSA–2016– Part 579.5 Submissions ...... 60,779 National Highway Traffic Safety 0093.’’ Administration Total ...... 6,784,092 II. Vehicles Involved Affected are 46,205 of the following [Docket No. NHTSA–2016–0093; Notice 2] Removed Burdens—Our previous MY 2016–2017 Cadillac motor vehicles renewal of this collection included one- General Motors, LLC, Grant of Petition manufactured between March 10, 2015, time cost estimates associated with for Decision of Inconsequential and June 13, 2016. adding a new vehicle type, fuel and/or Noncompliance • Cadillac CT6 • propulsion system type, and four new Cadillac CTS AGENCY: National Highway Traffic • Cadillac Escalade components (stability control, forward Safety Administration (NHTSA), • collision avoidance, lane departure Cadillac Escalade ESV Department of Transportation (DOT). • Cadillac XTS prevention, and backover prevention) to ACTION: Grant of petition. vehicle EWR reporting. These one-time III. Noncompliance costs were estimated for manufacturers SUMMARY: General Motors, LLC (GM), GM explains that the noncompliance to amend their reporting templates and has determined that certain model year is that when the parking brake is revise their software system to support (MY) 2016–2017 Cadillac CTS, CT6, applied on the subject vehicles the the new reporting requirements. See 78 XTS and Escalade motor vehicles do not indicator light that illuminates within FR 51415. Manufacturers were required fully comply with Federal Motor the cluster does not meet the lettering to make these changes to their vehicle Vehicle Safety Standard (FMVSS) No. height requirements as specified in EWR reporting by January 1, 2015. See 135, Light Vehicle Brake Systems. GM paragraph S5.5.5(a) of FMVSS No. 135 79 FR 47591. As these one-time costs filed a defect report dated August 17, and also referenced in table 1; column have already been incurred and 2016. GM then petitioned NHTSA on 1, of FMVSS No. 101. Specifically, the manufacturers have already made the August 22, 2016, for a decision that the lettering height for the indicator on the necessary modifications to their subject noncompliance is subject vehicles is 2.44 mm when it systems, a total of 39,296 burden hours inconsequential as it relates to motor should be a minimum height of 3.2 mm. vehicle safety. and $4.57 million dollars will be IV. Rule Text removed from this collection. ADDRESSES: For further information on Paragraph S5.5.5(a) of FMVSS No. 135 Summary of Burden Estimate—Based this decision contact Stu Seigel, Office of Vehicle Safety Compliance, the states, in pertinent part: on the foregoing, we estimate the National Highway Traffic Safety burden hours for industry to comply S5.5.5 Labeling. (a) Each visual indicator Administration (NHTSA), telephone shall display a word or words in accordance with the current EWR requirements, (202) 366–5287, facsimile (202) 366– with the requirements of Standard No. 101 foreign campaign requirements and Part 3081. (49 CFR 571.101) and this section, which 579.5 requirements total 49,243 burden shall be legible to the driver under all hours (47,514 for EWR requirements + SUPPLEMENTARY INFORMATION: daytime and nighttime conditions when 1,146 hours for foreign campaign I. Overview activated. Unless otherwise specified, the requirements + 583 hours for Part words shall have letters not less than 3.2 mm General Motors, LLC (GM), has (1⁄8 inch) high and the letters and background 579.5). This is a decrease of 35,950 determined that certain model year shall be of contrasting colors, one of which hours from the currently approved (MY) 2016–2017 Cadillac CTS, CT6, is red . . . collection, mostly due to the one-time XTS and Escalade motor vehicles do not costs we previously estimated and have fully comply with paragraph S5.5.5(a) of V. Summary of GM’s Petition now removed from this collection. We Federal Motor Vehicle Safety Standard GM described the subject now estimate the cost burden for current (FMVSS) No. 135, Light Vehicle Brake noncompliance and stated its belief that EWR requirements, foreign campaign Systems. GM filed a defect report dated the noncompliance is inconsequential requirements, and Part 579.5 August 17, 2016, pursuant to 49 CFR as it relates to motor vehicle safety. requirements to total $6,784,092 part 573, Defect and Noncompliance In support of its petition, GM annually. Responsibility and Reports. GM then submitted the following reasoning: Estimated Number of Respondents— petitioned NHTSA on August 22, 2016, (a) The park brake applied telltale NHTSA receives EWR submissions, pursuant to 49 U.S.C. 30118(d) and (identified by the word ‘‘PARK’’) is red foreign campaigns, and Part 579.5 30120(h) and their implementing in color contrasted against a black submissions from roughly 292 regulations at 49 CFR part 556, for an screen, as required by S5.5.5(a) and manufacturers per year. exemption from the notification and (d)(4), conspicuously located and remedy requirements of 49 U.S.C. readily visible at the top left-of-center In summary, we estimate that there Chapter 301 on the basis that this position of the instrument panel cluster. will be a total of 292 respondents per noncompliance is inconsequential as it Additionally, the four letters of the relates to motor vehicle safety. word ‘‘PARK’’ are all capitalized such

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that the 2.44 mm height is preserved motor vehicle safety. Specifically, the inconsequentiality allow NHTSA to across the width of the word. lettering height for the park brake exempt manufacturers only from the (b) In addition to the park brake applied indicator ‘‘Park’’ at 2.44 mm duties found in sections 30118 and applied telltale required by FMVSS No. versus the FMVSS No. 135 requirement 30120, respectively, to notify owners, 135, all of the affected vehicles also of 3.2 mm poses little if any risk to purchasers, and dealers of a defect or have a driver information center (DIC) motor vehicle safety. This decision is noncompliance and to remedy the message ‘‘Park Brake Set’’ that based on the following: defect or noncompliance. Therefore, this illuminates when the parking brake is 1. The subject vehicles appear to meet decision only applies to the subject applied. The lettering height of this DIC all of the other parking brake indicator vehicles that GM no longer controlled at message is 3.24 mm, greater than the 3.2 labeling requirements as specified in the time it determined that the mm minimum specified for visual S5.5.5 of FMVSS No. 135. If a separate noncompliance existed. However, the indicators in FMVSS No. 135. The DIC indicator is provided for application of granting of this petition does not relieve message is also substantially wider than the parking brake, the single word vehicle distributors and dealers of the the typical width of the telltale required ‘‘Park’’ or the words ‘‘Parking Brake’’ prohibitions on the sale, offer for sale, by the standard. The redundant telltale may be used. GM has opted to comply or introduction or delivery for and the DIC message, assure ample with this section by use of the single introduction into interstate commerce of communication to the driver that the word ‘‘PARK’’ and has capitalized all the noncompliant vehicles under their parking brake is applied. four letters of the word providing a control after GM notified them that the (c) The operation and performance of more pronounced indicator. The subject noncompliance existed. the park brake itself is unaffected by this indicator used is legible to the driver telltale condition. The park brake under all daytime and nighttime Authority (49 U.S.C. 30118, 30120: Delegations of authority at 49 CFR 1.95 and complies with all applicable conditions when activated. The 501.8) requirements of FMVSS No. 135. indicator is conspicuously located in (d) The NHTSA has previously the top left-of-center position on the Jeffrey M. Giuseppe, granted inconsequential treatment for instrument panel which is in front of Director, Office of Vehicle Safety Compliance. labeling issues across various motor and in clear view of the driver. The [FR Doc. 2016–30578 Filed 12–19–16; 8:45 am] vehicle safety standards, including for ‘‘Park’’ indicator is red in color when BILLING CODE 4910–59–P discrepancies involving lettering height, illuminated and has a black contrasting missing information, incorrect background. All of these required information, and misplaced or obscured features help ensure that the indicator DEPARTMENT OF TRANSPORTATION information. For example, two can be seen and recognized by the comparable petitions for driver when illuminated. National Highway Traffic Safety inconsequential treatment involving 2. The affected vehicles are equipped Administration brake telltale lettering height were with a driver information center which granted to Kia and Hyundai (reference is located in the instrument cluster and [Docket No. NHTSA–2016–0109; Notice 1] Docket numbers ‘‘NHTSA–2004– adjacent to the speedometer, in direct 17439’’, Notice 2 and ‘‘NHTSA–2004– view of the driver. When the parking Mercedes-Benz USA, LLC, Receipt of 17439’’ (sic), Notice 2, published in the brake is applied, the FMVSS No. 135 Petition for Decision of Federal Register on July 8, 2004, and required ‘‘PARK’’ indicator is Inconsequential Noncompliance July 9, 2004, respectively). The Kia illuminated. Simultaneously, in AGENCY: National Highway Traffic petition cited multiple previous addition to the ‘‘PARK’’ indicator, the Safety Administration (NHTSA), petitions for inconsequential treatment information center provides a message Department of Transportation (DOT). for brake telltale noncompliance granted that the parking brake is activated with ACTION: Receipt of petition. by NHTSA, and we ask to incorporate the wording ‘‘Park Brake Set.’’ GM them here by reference. stated that the height of this message is SUMMARY: Mercedes-Benz USA, LLC (e) After searching VOQ, TREAD and 3.24 mm and is substantially wider than (MBUSA), has determined that certain internal GM databases, GM is not aware the typical width of the required model year (MY) 2015–2016 Mercedes- of any crashes, injuries, or customer indicators. Illumination of both the Benz CLS-Class motor vehicles do not complaints associated with this ‘‘PARK’’ indicator combined with the fully comply with Federal Motor condition. information center statement ‘‘Park Vehicle Safety Standard (FMVSS) No. (f) GM has corrected this condition in Brake Set’’ provides ample 110, Tire Selection and Rims and Motor production. All vehicles produced after communication to the driver that the Home/Recreation Vehicle Trailer Load June 13, 2016, comply with the telltale parking brake has been applied. Carrying Capacity Information for Motor NHTSA’S Decision: In consideration lettering height specified in FMVSS No. Vehicles with a GVWR of 4,536 of the foregoing, NHTSA decided that 135. kilograms (10,000 pounds) or Less. GM has met its burden of persuasion GM concluded by expressing the MBUSA filed a Safety Recall Report that the FMVSS No. 135 noncompliance belief that the subject noncompliance is dated September 12, 2016. MBUSA also in the affected vehicles is inconsequential as it relates to motor petitioned NHTSA on October 4, 2016, inconsequential to motor vehicle safety. vehicle safety, and that its petition to be for a decision that the subject Accordingly, GM’s petition is hereby exempted from providing notification of noncompliance is inconsequential as it granted and GM is consequently the noncompliance, as required by 49 relates to motor vehicle safety. U.S.C. 30118, and a remedy for the exempted from the obligation of noncompliance, as required by 49 providing notification of, and a free DATES: The closing date for comments U.S.C. 30120, should be granted. remedy for, that noncompliance under on the petition is January 19, 2017. 49 U.S.C. 30118 and 30120. ADDRESSES: Interested persons are NHTSA’S Decision NHTSA notes that the statutory invited to submit written data, views, NHTSA’s Analysis: NHTSA has provisions (49 U.S.C. 30118(d) and and arguments on this petition. reviewed GM’s analysis that the subject 30120(h)) that permit manufacturers to Comments must refer to the docket and noncompliance is inconsequential to file petitions for a determination of notice number cited in the title of this

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